Posted on 10/07/2002 10:53:40 AM PDT by Howlin
SCOTUS has said, loudly and clearly, that state courts can rewrite laws and usurp Constitutional authorities on a whim.How is that a loss? At this point in time, I believe most states have Republican governments.
A key is "at this point in time". Without those Constitutional protections, how long does Republicanism survive?
Morever, if even the most basic of laws (read, Constitution) can be violated at will, are we any better than the animals?
Posted on 10/04/2002 2:11 PM Pacific by kcordell
[ The Atlanta Journal-Constitution: 10/4/02 ] ELECTION 2002 DeKalb voters file suit to throw out results of McKinney-Majette primary
By BILL RANKIN Atlanta Journal-Constitution Staff Writer
Five DeKalb County voters today filed a federal lawsuit seeking to throw out the results in the Aug. 20 Democratic primary that handed Denise Majette a victory over incumbent Cynthia McKinney in the 4th Congressional District.
The lawsuit, filed in U.S. District Court in Atlanta, says "malicious crossover" voting by Republicans in the primary violated the Voting Rights Act. The suit was filed against Secretary of State Cathy Cox, the DeKalb and Gwinnett county elections supervisors, Majette, the DeKalb Republican Party and the state Democratic and Republican parties.
Georgia does not require voters to register by party, and it allows them to vote in the primary of their choice. Before the election, some Republicans called on their fellow party members to vote in the Democratic primary to help ensure the controversial McKinney's defeat. Since the vote, she has repeatedly blamed them for her downfall, as well as state Democratic Party officials, whom she says aided Majette.
Majette faces Republican Cynthia Van Auken in November, but she is favored to win in the heavily Democratic district.
The suit asks that the crossover votes be declared unconstitutional and invalid and McKinney be declared the winner of the Democratic primary.
"The issue is that black Democratic voters in the 4th District had their voting rights interfered with and violated," said Atlanta lawyer J.M. Raffauf, who represents the plaintiffs. Raffauf said he had recently talked with McKinney and that she supports the litigation.
"Malicious crossover voting occurs when one party invades another party's primary to sabotage that party's choice of its own nominee for political office," the lawsuit said. "The Republican Party voters crossed over and affected the outcome" of the Democratic primary.
Comment by Inspectorette:
Can you believe it? (Of course you can - it's the Dems!) If you do a search in FR for "McKinney", you'll see a couple of threads on this late last week.
If so, they're either spinning for Lausenberg, or they're too dumb to know the difference between an affirmation and a refusal to take up the case.
My guess is that the lower court will determine that sufficient harm was not demonstrated. They got the signal from above not to further mess with this case.
International relations, defense, and tariffs? Issues covered by the Constitution. Mysteriously enough, primaries are not. The Article reads specifically
"The times, places and manner of holding elections for Senators and Representatives"
I agree Congress should be in charge of the election, however there is no mention of how the candidates are chosen. Therefore, a state issue
But it's hard to argue with the truth. At least they were honest. That's something Democrats are not known for.
Chief Justice Deborah T. Poritz (Whitman selection)
Deborah T. Poritz was sworn in as Chief Justice of the New Jersey Supreme Court on July 10, 1996 (after being appointed by Whitman). Prior to assuming that post, she served as New Jerseys first female Attorney General. From 1990 to 1994, Poritz was a partner in the Princeton law firm of Jamieson, Moore, Peskin & Spicer.
LINK
Justice Gary S. Stein
Justice Stein was serving as director of the Governor's Office of Policy and Planning when Gov. Thomas H. Kean announced his intention to appoint him to the Supreme Court on November 7, 1984. The Senate confirmed the nomination November 19, and Justice. Stein was sworn by Chief Justice Wilentz on January 11, 1985. In December, 1991, he was nominated by Governor Florio and confirmed by the Senate for a second term and tenure.
LINK
Justice James H. Coleman, Jr. (Whitman selection)
Justice Coleman is the first African-American to serve in the Supreme Court. He was nominated by Gov. Christine Todd Whitman on October 3, 1994, and sworn in by Chief Justice Robert N. Wilentz for a term to commence on December 17, 1994.
LINK
Justice Virginia Long (Whitman selection)
In 1984, then Chief Justice Robert N. Wilentz elevated her to the Appellate Division where she has served for 15 years, during which period she penned over 2000 opinions. In 1995, she became a Presiding Judge. (Appointed in 1999 by Whitman)
LINK
Justice Peter G. Verniero (Whitman selection)
Governor Whitman nominated Justice Verniero to the Supreme Court in 1999. He was sworn in as an Associate Justice on September 1 of that year.
LINK
Justice Jaynee LaVecchia (Whitman selection)
Justice LaVecchia was serving as New Jersey Commissioner of Banking and Insurance when in December 1999, Governor Christine Todd Whitman announced her intention to nominate LaVecchia as an Associate Justice of the Supreme Court.
LINK
Justice James R. Zazzali (Whitman selection)
Governor Christine Todd Whitman announced Justice Zazzali's appointment to the Supreme Court in April of 2000. He took his oath of office on June 20, 2000.
LINK
JUSTICES OF THE SUPREME COURT
Deborah T. Poritz
Republican. Chief Justice. Appointed in 1996 by Governor Whitman. Term expires 2003. May be reappointed for a term ending at age 70.
Gary S. Stein
Republican. Appointed in 1985 by Governor Kean. Reappointed 1991. Has announced retirement effective 9/1/2002. Barry T. Albin (Democrat) announced as replacement pending Senate approval.
James H. Coleman
Democrat. Appointed in 1994 by Governor Whitman. Reappointed 2001. Reaches mandatory retirement 5/4/2003.
Virginia Long
Democrat. Appointed in 1999 by Governor Whitman. Term expires 2006. May be reappointed for a term ending at age 70.
Peter G. Verniero
Republican. Appointed in 1999 by Governor Whitman. Term expires 2006. May be reappointed for a term ending at age 70.
Jaynee LaVecchia
Independent. Appointed in 2000 by Governor Whitman. Term expires 2007. May be reappointed for a term ending at age 70.
James R. Zazzali
Democrat. Appointed in 2000 by Governor Whitman. Reaches mandatory retirement 6/17/2007.
Sounds like she was a little too old for your heroes Bill Clinton and Teddy Kennedy... ;-)
Actually, whether or not another state can do the same thing would depend on the state and that state's constitution. The NJ Supreme Court essentially said that the law 51-day limit on changes to the ballot did nothing to address a vacancy within the 51 days. Other state constitutions might address this issue.
For the record, I'm not agreeing or disagreeing w/ the NJ Supreme Court...nearly telling you what their ruling said.
So-called "laws" are really nothing more than "suggestions".
Some may argue that that they only need 50 seats (because the Vice President would break a 50-50 tie), but I recall an arcane Senate rule that requires a majority to organize. Anyway, some RINO could always do something like Jumpin Jim Jeffords did, so the bigger the majority, the better.
Somebody tell that to EL Diablo D'Asshole Hussein; there isn't 51 declared DemonRAT Senators, and the VP ain't Albert Benedict Arnold Alpha Algore Jr. anymore
Seriously, there's one slight problem; if the Pubbies toss out Lautenberg, the governor is a fellow RAT and will simply keep on trying to fill that seat with RATs until either the Pubbies relent or January 3, 2005. That'll be a REAL political mess.
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